Federal Circuit Stays Appeal Over PMS Adjustment to Sales-Below-Cost Test

The U.S. Court of Appeals for the Federal Circuit ordered on May 20 that Turkish exporter Borusan Mannesmann's motion for summary affirmance in an antidumping case be held in abeyance. The motion asked the appellate court to affirm the Court of International Trade's ruling, which was one in a long line of rulings finding that the statute does not permit a particular market situation adjustment to the sales-below-cost test. While the U.S. failed to appear in the case, the plaintiff-appellants, led by American Cast Iron Pipe Co., said that they intend to oppose the motion (Borusan Mannesmann Boru Sanayi ve Ticaret v. United States, Fed. Cir. #22-1502).

The court also stayed Borusan's action pending the disposition of a recent Federal Circuit case, Hyundai Steel v. United States, which is currently being petitioned to the Supreme Court (see 2203220082). Borusan's case will be stayed until after the Supreme Court deals with the case, either disposing of the petition or taking up the matter.